‘Disheartening’: More organisations reacts to Oting’s ruling

In this file photo taken December 2021, a banner demanding repeal of the AFSPA is seen alongside placards and black flags at the entrance of a community Morung at the Naga Heritage Village, Kisama, the main venue of the Nagaland’s annual Hornbill Festival. The 2021 edition of festival was officially cancelled midway as a mark of respect to victims of Oting incident and in solidarity with the bereaved families. (Morung File Photo)

Dimapur, September 19 (MExN): Disheartenment and indignation were some of the common themes as more organisations react to the Supreme Court closure of criminal proceedings against army personnel accused in the 2021 Oting Incident.

On December 4, 2021 13 civilians in Oting village of Mon district were on December 4, 2021 killed in an alleged botched operation by the 21 Para Special Forces. Another was killed the next day in the violence that ensued in the Mon district headquarters.

The Supreme Court on September 17 quashed the FIRs (First Information Reports) against the 30 Army personnel involved in the incident with the Armed Forces Special Powers Act (AFSPA), 1958 serving as the protective shield.

NSF:  The Naga Students' Federation (NSF) expressed its utmost indignation over the closure of criminal proceedings and stated that such action “compounds the gross injustice the Naga people have endured.”

In a representation the Union Home Minister, the NSF further demanded prosecution sanction against accused army personnel saying it was “appalled” by consistent refusal to do so by the Government of India (GoI). 

It also pointed out that the Special Investigation Team (SIT) formed by the Nagaland Government had filed a chargesheet naming 30 members of the 21 Para (SF), based on “irrefutable evidence” after  thorough investigation. 

However, the denial of prosecution raises serious questions about what the GoI might be trying to hide and why justice is being withheld despite the gravity of the crime, the NSF stated. 

The NSF further stated that Naga people have waited in vain for accountability the Supreme Court's July 2022 interim stay and the eventual closure of the case “despite the SIT's findings” erodes the trust that the Naga people place in the law of the land and democratic institutions.

The Oting incident is not merely an isolated act of violence but a reflection of systemic injustice persisting under the draconian AFSPA, it added 

While AFSPA has long been opposed by the people of the North-East, it continues to provide blanket immunity to armed forces personnel, effectively sanctioning “extrajudicial killings and grave violations of human rights,” it held. 

It further state that  AFSPA law has no place in a democratic society and the Oting incident stands as a glaring example of how it is used to shield perpetrators of violence against innocent civilians, deepening the wounds of conflict and alienation. 

The NSF also condemned the “shoddy intelligence” that led to the botched operation and demanded thorough investigation over the failure with full accountability and transparency by the GoI.

It also demanded immediate revocation of AFSPA from the Naga homeland and the North-East.

If these demands are not addressed, the NSF will be left with no option but to launch democratic agitations to fight for the justice that has been denied to the victims and their families, it added.

OSU: The Oting Students' Union (OSU) called the ruling “disheartening” and expressed shock and disappointment, noting that the horrific incident remains a “painful scar in the hearts of the entire community.”

The union was hoping for justice and accountability for the “senseless and brutal loss” of lives but the decision to absolve those responsible without holding them accountable is not only disheartening but also an insult to the memory of the victims and grieving families, it added.

The ruling has also ‘shattered’ the faith of people of Oting and the Nagas in judiciary, it added. 

Accordingly, the OSU appealed all the civil society organisations (CSOs) and the general public to stand with the union in seeking justice and raising voices collectively against the decision to ensure that the loss of innocent lives is not forgotten. 
The Union also urged the higher authorities to reconsider this decision.

Naga Hoho: The Naga Hoho also expressed strong resentment over the September 17 verdict and termed it a failure of the judiciary branch shoulder their responsibilities and to pass the buck to the executive branch. 

It also called the incident a painful reminder of the ongoing violence and injustices faced by the Naga People under the Draconian AFSPA.

Oting was not an isolated incident but most the recent Indian Army atrocity in a long history of “oppression and suppression of the Naga Peoples struggle for civil and political rights,” it added, listing Matikhru 1960, Oinam 1987, Mokokchung-Akuluto 1994-95,  Kohima 1995, Wuzu 2015, as few instances. 

The Supreme Court’s decision to terminate FIRs “sends a harrowing message that justice will remain out of reach for the victims and their families,” the Naga Hoho added. 

Viewing the ruling an outrage to the pursuit of justice and accountability, it asserted that the Oting massacre a “clear violation of human rights and the repudiation of the case undermines both the credibility of the judicial process and the public trust in the rule of law.”

It also urged the Government of Nagaland to not give up in its efforts to seek justice for the victims’ families in particular and the Naga people in general.

The Naga Hoho further called upon all Naga CSOs, tribal bodies, human rights defenders, Naga political groups and citizens to stand united in the condemnation of the gross injustice.

NSCN (IM): Reacting to the verdict, the NSCN (IM) stated that “since day one when occupation force set-foot into Nagalim, the strategic policy of our adversary remained the same- to crush the Nagas.”

It is structured and institutionalised in the existing established system – militarisation, it asserted. 

The draconian AFSPA is being used continually branding the “Nagas as, separatist, successionist, militant etc and loose the reign of terror throughout Nagalim,” it added. 

The NSCN (IM) further termed the tragic Oting incident,  despite ceasefire being in place since August 1, 1997, a “farce, lie and totally dehumanising the Nagas.”

Nagas are justice loving people and cannot imagine how the perpetrators of a crime of such enormity are allowed to go scot-free, it stated. 

Stating that the Supreme Court’s ruling comes as a rude shock to the Nagas, the NSCN (IM) further expressed its “strong objection against the denial of justice to the victims.”

Among others, the Oting Massacre was a clear violation of human rights the NSCN/GPRN stands with the victims and ensure that justice is done, it added.